California’s New Joint Divorce Petition: Is It Right For Encino Couples?
Until recently, a California divorce usually began with one spouse filing against the other. One was named the petitioner and the other the respondent, even when both had already agreed to end the marriage.
That changed on January 1, 2026. Senate Bill 1427 now allows spouses to file a joint petition for divorce or legal separation. Both names appear on the same petition, and neither spouse has to be formally served.
For cooperative couples in Encino and elsewhere in Los Angeles County, the new process may remove some early tension. Still, it will not suit every marriage.
What SB 1427 Changed
SB 1427 added Family Code sections 2342.5 and 2342.51. It also amended sections 2330, 2331, 2342, 2401, and 2402. The Judicial Council was directed to prepare the forms and court rules needed for the new process. Two changes matter most in practice.
First, filing the joint petition counts as service on both spouses. There is no process server, proof of service, or thirty-day response period. One spouse also cannot obtain a default judgment because the other missed a response deadline.
Second, either spouse can end the joint process. Filing an amended petition or a response revokes the joint petition. The case then continues as a standard divorce under section 2330.
That option makes a joint filing less risky. A spouse does not need the other person’s permission to switch to the standard process if cooperation breaks down.
How It Differs From Summary Dissolution
California already offered summary dissolution, but only a small number of couples qualified.
Under section 2400, summary dissolution is limited to short marriages. The couple cannot have children together or own real property. Their community assets and debts must also stay below set limits.
A joint petition does not have those restrictions. It may be used by couples with:
- Long marriages
- Children
- A home in Encino
- Retirement accounts
- Business interests
- Significant assets or debts
The key requirement is not a low asset level. It is the couple’s ability to work through the issues together.
|
Feature |
Joint petition |
Standard petition |
Summary dissolution |
| Who files | Both spouses together | One spouse | Both spouses |
| Service of process | Deemed served on filing | Required on the respondent | Not required |
| Marriage length limit | None | None | Short marriages only |
| Children allowed | Yes | Yes | No |
| Real property allowed | Yes | Yes | No |
| Asset ceilings | None | None | Yes |
| Requires full agreement | Yes, to conclude | No | Yes |
| Can convert if it breaks down | Yes, on amended petition or response | Not applicable | Limited |
Couples do not need every issue settled before filing jointly. They do need a complete agreement before the court can enter the final judgment.
What Stays the Same
A joint petition changes the start of the case. It does not remove the rest of California’s divorce requirements. The six-month waiting period still applies. A court cannot end the marriage sooner than six months after it gains jurisdiction.
Residency rules remain in place as well. At least one spouse generally must have lived in California for six months and in the filing county for three months.
Both spouses must still complete the required financial disclosures. The preliminary declaration of disclosure cannot be waived by agreement.
Child support continues to follow the statewide guideline. Custody arrangements must serve the child’s best interests. A judge is not required to approve a parenting plan simply because both parents signed it.
The process may feel less adversarial, but the court still needs the same information before granting a judgment.
Who May Be a Good Fit?
A joint petition may work well when both spouses:
- Made the decision to separate together
- Understand the family’s finances
- Can exchange records openly
- Are using mediation or collaborative divorce
- Can discuss property, support, and parenting without pressure or threats
It may also suit couples who want to avoid formal service and the petitioner-versus-respondent labels.
When the Standard Process May Be Safer
A joint petition may be a poor choice where there is domestic violence, coercive control, or a serious power imbalance. It may also be unsuitable when one spouse handled all the money, and the other does not know what the family owns. Concerns about hidden income, missing assets, or incomplete records call for greater caution.
The standard route may also work better when someone needs a temporary court order for custody or support. A spouse who needs help within weeks may need to file a Request for Order and use the normal court schedule.
The cooperative label should not make either person feel trapped. Asking for separate legal protection is not a betrayal of the process.
Frequently Asked Questions
Do We Each Need Our Own Attorney?
One attorney cannot represent both spouses. Some couples use a mediator and speak with separate consulting attorneys before signing the final agreement. Others choose a collaborative divorce team.
What Happens if We File Jointly and Later Disagree?
Either spouse may file an amended petition or a response. That revokes the joint petition and changes the case into a standard divorce under section 2330. The other spouse does not have to agree to the change.
Does a Joint Petition Make Divorce Faster?
It removes formal service and the response period, which can save time at the start. It does not remove the six-month waiting period, financial disclosures, or the work needed to reach a complete agreement.
Can We Use a Joint Petition for Legal Separation?
Yes. The process is available for both divorce and legal separation. Our guide to the family law process explains the difference between those two options.
Conclusion
The new joint petition gives cooperative couples a less confrontational way to begin a California divorce. Both spouses file together, service happens through the filing, and either person can switch to the standard process if the case stops working.
It does not shorten the six-month waiting period or remove financial disclosures. The couple must still resolve property, support, custody, and every other issue needed for judgment.
If you’re considering a joint divorce petition in Encino or Orange County, Gregory J. Pedrick can help you determine whether it fits your situation.
Read more about the firm’s divorce practice or call to arrange a consultation.
Sources
- California Legislative Information – SB 1427, Dissolution of marriage: joint petition
- California Courts Self-Help Guide – Request for Orders (FL-300)
- California Courts – Legal Steps for a Divorce or Legal Separation (FL-107-INFO)